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(영문) 서울중앙지방법원 2019.04.18 2018가합513578

수익권근질권확인 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. On June 5, 2012, D Co., Ltd. (former title: E: hereinafter “D”) entered into a trust agreement between D Co., Ltd. and the Defendant with respect to the construction of a new project of the Ftel per minute between the Defendant and D Co., Ltd., D Co., Ltd., Ltd. (former title: E; hereinafter “D”): (a) the truster is the Defendant; (b) the trustee is the Defendant; (c) the first beneficiary of trust interest; (d) the first beneficiary of the trust interest; (c) the third beneficiary is the H organization; (d) the first beneficiary is the I Co., Ltd.; and (e) the third beneficiary is the first beneficiary; and (d) the beneficiary is the first beneficiary; and (e) the Defendant is the first beneficiary of the trust agreement of this case; and (e) the Defendant was the first beneficiary of the trust agreement of this case, with the consent of G Co., Ltd., Ltd. and seven (hereinafter “instant project site”).

(hereinafter referred to as “instant trust contract,” in total, of the land trust contracts as of June 5, 2012 and the amended contract as of January 2, 2013. The main contents of the instant trust contract are as follows.

Article 6 (Trust Property) The term "trust Property" means any of the following property or property rights, the trustee manages and disposes of which according to the trust purpose:

1. Trust real estate and money;

2. Sale price of real estate in trust;

3. Lease deposit for real estate in trust;

4. Property acquired by subrogation of real estate in trust.

5. Operating profits of money belonging to trust property;

6. Other property corresponding to any of the following subparagraphs. Article 7 (Types of Rights to Benefit and Time to Make Payment) (1) The types of rights to benefit and time to make payment shall be as follows:

1. The term "right to benefit" means a right to receive trust benefits in a way prescribed by the trust property, when the trust business is completed;

2. The preferential benefit shall be made in preference to the other beneficiary within the limit of the amount of profit limit set at the request of the beneficiary and the truster.